DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
2 NAVY ANNE
NAVAL.RECORDS
X
WASHINGTON DC 20370.510
0
LCC:ddj
Docket No: 7713-01
30 October 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref: (a)
Title 10 U.S.C.
1552
Encl:
(1)
(2)
(3)
DD Form 149 w/attachments
Series of Documents
Subject’s naval record
1.
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show that his state of legal residence was Pennsylvania until he transferred to the
Fleet Reserve.
Zsalman, and Ms. Hare, reviewed
2. The Board, consisting of Messrs. Pfeiffer,
Petitioner’s allegations of error and injustice on 30 October 2001 and, pursuant to its
regulations, determined that the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. After reviewing the correspondence attached as enclosure
that the request has merit and warrants favorable action.
(2), the Board concluded
CONCLUSION
Upon review and
contents of enclosure
following corrective action.
8consideration of all the evidence of record, and especially in light of
(2), the Board finds the existence of an injustice warranting the
the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a.
Petitioner’s State of Legal residence was Pennsylvania
until he transferred to the
Fleet Reserve. Petitioner ’s home state was Pennsylvania and he claimed Pennsylvania as his
Petitioner’s state of residence was changed to
legal state of residence while on active duty.
Maryland effective 1 December 2000, the date he was transferred to the Fleet Reserve.
Petitioner submitted a DD Form 2058, State of Legal Residence Certificate, which. was dated
” 1 December 2000 ” vice “20 July 2000 ”. Petitioner should be issued a corrected W-2 for
calendar year 2000. He presently owes the State of Maryland taxes when he was actually on
active duty throug’h 30 November 2000 and Pennsylvania was his state of residence while on
active duty. Petitioner did not receive payment of any monies during Calendar Year 2000
from the Navy for which he would owe Maryland State tax.
retirement pay until January 2001 thus he owes no state taxes to the State of Maryland for
Calendar Year 2000.
Petitioner did not receive any
b. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board’s proceedings in the above entitled matter.
ROBERT D.
Recorder
ZSALMAN
to the delegation of authority set out in Section 6(e) of the revised Procedures
5. Pursuant
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
hav:lng assured compliance with its provisions, it is hereby announced that the
723.6(e)) and
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
30 October 2001
Executive
Direc
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